Prior to international travel, all employees should be made aware of the limitations of what technical data can be brought with them and what can be shared with foreign persons. To make transit smoother, it is recommended that all employees traveling internationally carry an export statement letter on their person, in case they are stopped and questioned by CBP. The export statement letter should describe the nature of the technical data on any personal electronic devices (i.e. “general business information”), the classification of the technical data, and any relevant license exception/exemption that would allow for it to be exported without a license.
CBP has recently announced that searches of information stored on personal electronic devices is up over 60% in 2017, to over 30,000 searches. Passwords can be compelled with the risk of the device being detained. Employees should be trained on how to handle these situations prior to finding themselves in such a dilemma.
This Blog is made available by Wilmarth & Associates for educational purposes as well as to give you general information and a general understanding of export law and compliance, not to provide specific legal advice. This blog is not legal advice and should not be treated as such. You must not rely on this blog as an alternative to legal advice from your attorney or other professional legal services provider. The information provided on this website is presented “as is” without any representations or warranties, express or implied.